By M Margaret Burke

– If community sentencing is to be an effective deterrent

IMPRISONMENT speaks to the whole idea of punishment for the person who may have committed a crime, but it does not stop there. By being ‘put away’ the offender is immediately removed from the public, thus providing some protection for the wider society. At the same time, it is hoped that with the act of incarceration, the inmate would never want to repeat the offence again – he is deterred. A person who would have had such an experience should be a prime target for rehabilitation; once there are systems in place for this.

However, with rising criminal behaviour and the concomitant rise in the prison population, the cost attached to the State, as well as the tax-payers of the nation can become very burdensome. In addition, the rehabilitative work that should be done may hardly be effective when there are people from diverse circumstances and backgrounds to attempt to ‘school’ in a congested setting.

Still, finding answers and solutions to the plight of overcrowded prisons is a must. Other than the problems that people on the outside can be subjected to as a result of the effects of overcrowded prisons, there is hardly any scope for the inmate to return to society a better person – someone who has been re-oriented /rehabilitated.

Judicial authority and responsibility
The judicial system has their clear parameters for the various offences and ensuing sentencing. Nonetheless, with the deviating nature of crime and criminal behaviour, which can and do cause overcrowded prisons, judicial authorities must, within the limits of the stipulated laws, apply sentences in a sensible and responsible manner.

Much authority is vested in judicial powers that be, but with this authority comes responsibilities – a moral obligation (within their ambit) to ensure that the society continues to be safe and comfortable. Inherent in the judicial system, especially as it relates to the sentencing of offenders should be trained minds that are geared towards supporting a system of governance for the good of the people; a system of caring personalities and also a system that works.

Community sentencing is no joke; it is a serious matter and must be seen as such. Built into the whole community sentencing arrangement must be checks and balances for radical reforms, where there is a rigid reporting system, which ensures that the community sentence is properly carried out with reports of any progress made by the offender.

While the justice system must be an independent legal organisation, free from the impositions of governments and or other public or private organisations, it cannot work in isolation of every other organisation or system within the society. There must be collaborative efforts at varying levels so as to ensure that in cases where offenders are sentenced to community service he or she is gainfully occupied at the specified times and the required impact is made.

Even where it may be seen as punitive, to an extent, there seems to be the need, in some cases, to implement tougher, more intensive, but successful sentences so as to ensure that rehabilitation takes place. In so doing there must, therefore, be sufficient flexibility in determining which requirements will be effective – based on the offender and also the offence committed.

UNDERUTILISATION OF SENTENCING

How many first offenders become re-offenders after they would have exited the prison walls and gate as free citizens yet again? The fact is that people desire a justice system that they feel is protecting them from crime and one in which they feel convinced would adequately punish those who want to inflict harm – in any form on them.

However, many first offenders, for example, who may have committed what seem to be a not so serious crime, but one which can be punishable by a relatively large fine or a sentence (to prison), on the other hand one who with the option of the court can be placed on community sentence instead, is not given the latter. As an alternative, he or she is sentenced to prison or put on such a fine that he or she cannot pay, thus the sentence is then imposed.

Community sentences must form a very crucial part of the justice system. The courts are not only there to ensure that people are punished with fines or prison sentences; their more important role is probably a corrective one; one in which the society see improvements in the lives of those who might have otherwise be disposed to criminal behaviours.

BUILD UP AND NOT DESTROY
The legal system, made up mostly of judges, magistrates and lawyers are all prudent people – they are the ones that can find solutions to societal issues, especially related to crime and justice. Therefore they are expected to use good judgment to build up and not destroy souls who appear before them – in some cases crying out for help. Yes, the ‘books’ may read that in such and such a case sentence should or could be passed, along with a fine or if the fine cannot be paid, they should be sentenced. But is there any flexibility within such a system? On the other hand, is there another option, which is community sentence – but it is not the preferred way to go?

Community sentence must be a trustworthy system, one that is designed for effectiveness – punitive to some extent, with there being some restrictions on the offender’s liberty. It cannot be ‘business as usual’ for the offender, there must be some level of toughness, which would in one case send a firm message to the offender while giving a message to the society that the legal system is serious; that though it is community sentence it is impacting.

Care must be taken, though, to ensure that the imposition of community sentences does not go overboard with punishment or the over-punishing of the offender – putting him or her through unnecessary embarrassment, trauma and the like. At the same time careful study must be done of each individual offender – their physical, mental and psychological temperament so as to ensure that where they are assigned, as well as whatever the assignment is can and would be carried out, along with a built-in reparation and rehabilitative programme. Community sentence can work once all the major players coordinate well and have serious implementation with built-in accountability. (mercilinburke2017@gmail.com)